How Does Marijuana Legalization Affect Nevada DUI Law?

Decriminalization of recreational marijuana use has no impact on Nevada DUI law.

In November 2016, Nevada voters legalized recreational
marijuana use by passing the “Initiative to Regulate and Tax Marijuana” (also
known as ballot “Question Two”). Following legalization, many have concerns
about marijuana users on Nevada roadways. But how, if at all, does marijuana
decriminalization affect Nevada
DUI law?

impaired by marijuana “to a degree that renders
a person incapable of safely driving or exercising actual physical control of a
vehicle,” or

having a certain concentration of marijuana in
the blood (two nanograms per milliliter) or urine (ten nanograms per
milliliter).

So, anyone who drives while impaired by or with a prohibited
concentration of marijuana can be convicted of a DUI. That the driver may have
ingested marijuana legally doesn’t matter. (Nev. Rev. Stat. Ann. § § 484C.105,
484C.110 (2016).)

Lest there be any doubt, the Nevada initiative explicitly says
that driving and boating
under the influence of marijuana remains illegal. (Initiative to Regulate and Tax Marijuana, § §
2(f), 4(a) (2016).)